Support Group Turnaround mystery

Hi a bit of cheerful news (I think) to share. Got a letter the other week which tells me I have been put back into the Support Group. All done without a medical or interview of any kind. I was changed to WRAG after ATOS capability/medical/assessment or whatever they are calling it now in approx. July 2012. I have put in an official compliant to ATOS about the report and all the shall we say "false" or inaccurate statements therein and took it to the highest level I could within ATOS and also DWP. I have waited for my appeal (and still waiting) for over a year now. I have had to fill in a form for Income related ESA as they were stopping my Contribution based in October but had already been sent the new form to reclaim ESA. Using your instructions I duly did this.. I actually got two letters from the DWP in the same week one which said I was entitled to IR ESA and the other that said that I was being put back into the Support Group as of September for two years due to new evidence. I presume by this they mean my GPs letter of support. I have already sent them documentation going back for years for doctors, consultants etc etc which did not seem to matter then? I am still going to my appeal now when I get the date to prove that I should not have been taken off Support Group last year as my condition is the same so I can have the award backdated to then. I also just want to make sure that I get my chance to show the panel all my evidence and would love to get an explanation of how ATOS are allowed to simply get away with this. I would also like to know if the particular assessor who did my interview and recommended that I would be fit to work in a year is STILL be allowed to work for them. I expect she is. Anyways your site has been brilliant don't think I would have been able to fill in the forms and deal with it all without you I only wish I had realized and joined you sooner. I'm crossing my fingers that this is good news for me and that the rules don't suddenly change and we are off again. I will remain a member for the foreseeable as think they will come up with something new. All the best to all fighting on, keep it up. Colleen

Congratulations Colleen!

I think, from what you have said, that this decision is the result of a recent reassessment, so your claim will continue and, as you say, your payment will be backdated if the Tribunal puts you into the Support Group. An added bonus is that, if the Tribunal did put you into the Support Group, the 'clock' for contributary ESA will be re-set to zero.

Hi Gordon and Mrs Hurtyback

I believe from what they (DWP) have told me that it is a reassessment and that I will still be going to the tribunal to put forward my case for the award to be back dated to 2012. It is all such a shambles though I was so confused by being given two different decisions in the same period of time from the DWP, it is obvious that one dept does not know what the other dept is doing. However I was so confused I wrote for clarification and that is what they have said. I really hope nothing else changes because I need a break from the enormous stress. Do you know if they can change their minds before the 2 year period is up or call me in for another one of their "assessments" Also am I jeopardising the new decisions if I continue with the original appeal. Appreciate any advise on that. Thankyou Colleen

Hi Colleen,

The good news is that the Tribunal hearing is totally separate from your present claim and will not have any effect on it

The less good news is that, unlike DLA/PIP, ESA is actually an open-ended award. The period before reassessment is only advisory and does not form part of the decision. In theory, the award can be reviewed at any stage once 3 months has passed since the original decision. In practice, it is unusual for DWP to initiate reassessment much ahead of the expected time.